Wills

Pianissimo's picture

We are a blended family with the youngest member made only by us. We have a number of property assets solely in my name. My wife wants me to somehow leave a proportion of our assets to her bio kids (adults) if she pre deceases me. I cannot figure out how to do this. Can anyone help? Thanks

caregiver1127's picture

It would depend on if you want to take care of her adult bios - maybe to keep the peace do a will with her and then a week later do another will taking care of your children - her kids are adults let them worry about themselves - quite frankly she will be dead and won't know that none of the money is going to them and you avoid a fight. I did this with my life insurance policies - don't have much assests right now so don't care about the wills - I have not told hubby that I changed the life insurance policies that are in my name to my DD only and took out my SS. Tough shit - he has a mother and if my DH dies and they are still children he will get a lot in Social Security - I feel once you are an adult you are on your own - so do one with her and then a later one she knows nothing about - even if you have to use a different lawyer - I may get flamed for this but it is protecting your assets for your children and making DW happy - see everyone wins.

caregiver1127's picture

Yeah I am of the same mindset - all of DH's assets life insurance and everything else goes to me and vice versa - I did promise DH that I would help SS with college from his insurance policies - and I would but anything of mine is going to my daughter - SS has a mom and hopefully for his sake she has thought far enough ahead to put him on an insurance policy if not not my problem! Just because I am responsible and she is not there is no reason why I have to cover her ineptness as well.

Also they are adults - start earning and getting your life insurance policies down - I don't think their kid together is an adult yet - why are we still treating them like children -

caregiver1127's picture

you know what - I had a really nasty answer for you because it is none of your business how I feel but I am not going to hijack this thread as the OP needs help - he asked a question and I answered - if you have one of your very witty comebacks for me please know I will not answer it I stop here right now at this point - if you want anymore of an answer than PM me I am not fighting here with you nor will I justify what I do in my life to YOU!!

caregiver1127's picture

I don't need Midol - I just need nameless strangers to stop trying to make me look bad or feel bad - my relationship is so wonderful with my DH that I almost feel guilty about being on here at times - but I have lived many of these situations and while my life is great now it wasn't always great - and I learned from my mistakes and my actions and if I can help someone then I want too - I will post whatever I want - what I would like is if you have a question from your high pedestal that you sit on to please PM me - I unlike a lot of the newbies and others are not going to be put out by you - so if you have a condescending question or comment PM me I will deal with you much like I do with the BM in my life - but I will not get into a pissing match or fight with you - so I will take the midol if you eat a little humble pie and stop trying to make people feel like shit - the next time you post an inflammatory question trying to disguise it as an innocent question stop and think how you are making someone feel who by being on this site already is stressful enough.

I am very sorry pianissmo for even taking one smidgen of your thread to respond to this poster.

caregiver1127's picture

There are no assets really unless you have more than one house or lots of money - if she wants to leave money for her adult children get a life insurance policy - but I would also do like I said have 2 wills - she will never know once she is dead and you need your assets and your home if you are still alive and you need to take care of the children that you had together - let the adults take care of themselves or if you wife brought assets in to the marriage which I suspect she did not bring that much into it and I may be just guessing then why should you hard earned money go to her kids - it shouldn't and what does she want you to sell the house and give them part of it and put you and the kids you have together out in the street - just have 2 wills that way she will be happy and you will know the real deal!

Pianissimo's picture

This is certainly a dilemma and judging from the range of responses I am having second thoughts about having her committed as insane. Yet I cannot think of a robust solution that will meet her aspirations and not end up being used to pay for care for her tosser ex Husband (SKs' Dad) while I am still alive. I think that would actually kill me. Has anyone been here? I don't want to do the two wills thing. I like it but I think she might come back and haunt me.

caregiver1127's picture

Pianissimo - she will not come back and haunt you - you need to protect what is yours - if she were to die say within the next year and I am not sure how old your children with her are - how are you going to care for them and you - let the wills say if you die she gets it - if she dies you get it - you could live 45 - 55 years after her if she dies in the next year do you want to be penniless - all the adult kids in this family need to fend for themselves unless she was quite flush when you married her then that should have be set up before the wedding. So do 2 wills or one that says all to you or all to her and let it end

Give us more info - is it lots of money - property, who had the most before the marriage how many kids how old are all the kids it is kinda hard what to tell you to do if we have no real info - the biggest thing is making sure that you are provided for and she is provided for so that whoever is left alive can take care of the children you have together!

Pianissimo's picture

I'm afraid there are 10 houses. I purchased them all before the union. All mortgaged to the eyeballs. They are rentals. The plan is to create an income from these for our declining years. She wants me to give half of them to her BKs if she dies before me. There is a beautiful 5 bedroom 5 bath home in Cape Cod. If I have to give that away I'll have myself committed. What am I supposed to live on?

Pianissimo's picture

6 kids. 4 SKs 23, 21, 19, 14. 1 BK 19. 1 ours 8 years. All great kids. Great Mum. I love her to death! Ha!Ha! She is going nuts with this legacy thing.

tiredout's picture

something to think about in a will is a clause for what happens if spouses dies w/in xxx amount of time of eachohter..while I want my spouse to have my assets if I die first- I don't want his kids to have my assets by default if he were to pass very soon after I do and so on...in that case i would want my family to have it (extended family). This can/has happened in the event of auto accident etc....

caregiver1127's picture

Whatever she had before the wedding can go to the kids plain and simple - after it is for you if she dies and your child - make sure you have a provision that your child has enough to reach adulthood!

momto3plus1's picture

I am new to this forum too! But my husband and I have this argument fairly often. All of our assets are listed in a trust which at this moment is left to our daughter and his 13 year old son. The problem I see in this being he is 16 years older than I, it is far more likely that he may die first. He did have more assets coming into the marriage than I but what happens to everything I have helped to work for since I did come into the marriage. The house we own and live in is in his name only but we found it and chose to buy it as a couple. I am the trustee on the trust but that is only to help support the two children not myself. So if god forbid something happened to him I would be in trouble with supporting my family as I am a work from home mom, I run our family business although the business is in my name I am no plumber and cannot actually turn wrenches I would be out of an income and out of a house to live in. My own children are young and have many more years of support needed so how is that fair? I believe that as a married couple everything should be left to me if he dies and everything left to him if I die then when the rest left to all the kids when the other person dies. My dad died at a young age of 46 we got nothing his wife was left everything which I believe is the correct way. Just because it was not my mom that was married to him at the time didn't make her less entitled to whatever they acquired and worked for during their marriage.

My husband will not change the trust until I change my last name. I still use my maiden name for my kid's sake. It has nothing to do with my marriage or lack of commitment to my husband. I think it is unfair to share a last name with one child and not all my children so in order for my boys to not feel like I have some unsaid tie to my daughter and not to them because they have a last name I choose to not have the same last name as any of my children. So until my husband can understand it isn't about him or his name but for my kids I will continue to have the worry of losing everything if something happens to him. I also understand that he is probably concerned about his son being a child but the truth is his mother has never done anything to financially help his son and I know if it weren't for us and all we do she would be out on the street so if something were to happen to my husband I would always be sure to take care of his son as long as it is necessary. Good luck this can be a touchy subject for a lot of couples!!

SillyGilly's picture

My dad is an attorney who specializes in estate planning (wills!) . You can leave anything any way you want it and it can be as simple or as complicated as you want it to be. You can have things one way if you die first and another if she dies first, etc.... It is worth the money to see an attorney who can have things exactly how you want it. Try to find one that specializes in estate planning. Your attorney should be able to reference someone. Good luck! It's a touchy subject!